Statewide County HI Archives History - Books .....Chapter 05, Pages 25-30 1925
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Book Title: The Story Of Hawaii And Its Builders

Builders page 25-30

The Story of Hawaii

An Historical Outline of the Hawaiian Islands

By Howard D. Case

Chapter V.

Page 25

FROM 1839 TO THE END OF THE KAMEHAMEHA DYNASTY

  The first constitution of the Kingdom of Hawaii was 
drafted in the Hawaiian language in 1839 at Lahaina, and 
was proclaimed on October 8 of the following year by King 
Kamehameha III. It provided, among other things, that the 
offices of kuhina nui, or premier, and the four 
governorships, be made perpetual; constituted a legislative 
body consisting of fifteen hereditary nobles and seven 
representatives, which was to meet annually; provided for 
the informal election of the representatives by the people, 
and created a supreme court consisting of the king, the 
premier, and four judges appointed by the legislative body.
  What has often been referred to as the Magna Charta of 
Hawaiian freedom was a declaration of rights signed by the 
king and promulgated on June 7, 1839. It granted complete 
freedom of religious worship, and produced a feeling of 
security such as had never before been known in the 
islands. This important passage was included in the text: 
?Protection is hereby assured to the persons of all the 
people, together with their lands, their building lots, and 
all their property, while they conform to the laws of the 
kingdom, and nothing whatever shall be taken from any 
individual except by express provision of the law.?

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Page 27

  In 1841 the first school laws were published, and in 1842 
all of the old laws were revised, new ones were added, and 
the collection published. A uniform system of taxation was 
established, and oppressive local and arbitrary taxes were 
abolished, together with forced labor and certain tabus 
pertaining to fishing. A treasury board consisting of four 
persons, and headed by Dr. G. P. Judd, was established on 
May 15, and government property was set apart, and a system 
of keeping accounts, collecting taxes, and paying 
government officers was created. It was not long before the 
kingdom was able to establish a credit and settle many of 
its debts.
  A school for the education of young chiefs was founded in 
1840, and in 1842 a school was started at Punahou by the 
American Mission. Later it was chartered as Oahu College, 
and the name has since been changed to Punahou Academy. On 
May 10, 1839, there was published a complete translation of 
the Bible into the Hawaiian language, and on June 8 the 
cornerstone of the historic Kawaiahao church was laid. It 
was completed in 1841.

CRISIS IN FOREIGN AFFAIRS

  Minor disputes arose between the kingdom and 
representatives of the French government and the British 
consul, Charlton, and the government, fearing that a crisis 
was approaching, took steps to obtain from the great powers 
the recognition of Hawaii as an independent state, and to 
negotiate treaties with them. Acting upon the advice of Sir 
George Simpson and Dr. McLaughlin, governors in the service 
of the Hudson?s Bay Company, who arrived at Honolulu in 
February, 1842, on business, the Hawaiian government, on 
April 8, appointed Simpson, William Richards, and Haalilio, 
the king?s secretary, as joint ministers plenipotentiary 
with full power to negotiate new treaties with the United 
States, Great Britain and France, and to obtain guarantees 
of the independence of the kingdom. Simpson traveled to 
England by way of Siberia and arrived there in November. 
Richards and Haalilio sailed for the United States on July 
18.
  Intent upon defeating the object of the embassy, British 
Consul Charlton left in September for London. While at 
Mazatlan, Mexico, Charlton laid his grievances before Lord 
George Paulet, commanding the British frigate Carysfort. 
Simpson also sent dispatches in which he asserted that the 
lives and property of Britishers in Hawaii were in danger, 
and urging that the Carysfort be sent to Honolulu.
  In December Richards and Haalilio arrived at Washington, 
D.C., and obtained from Daniel Webster, secretary of state, 
an official letter, dated December 19, by which the United 
States recognized the independence of the Hawaiian kingdom. 
Similar sentiments were expressed in a message to Congress 
by President Tyler, and in a report of the committee on 
foreign relations written by John Quincy Adams. The embassy 
proceeded to London, and then went to Belgium and France. 
The French minister of foreign affairs at once engaged to 
recognize the independence of the islands, and on April 1, 
1843, it was announced that the British government had 
determined to recognize the independence of the Sandwich 
Islands under their present sovereign.
  While these negotiations were going forward, however, 
Lord Paulet had sailed for the islands in the Carysfort, 
arriving at Honolulu Feb. 10, 1843. He refused to treat 
with Kamehameha III, and on February 17 sent him a series 
of demands, together with the threat that immediate steps 
would be taken if the demands were not complied with by 4 
o?clock on the following day.

BRITISH POSSESSION REPUDIATED

  The king, after discussing the demands with the chiefs, 
announced that he would comply with them under protest, and 
take an appeal to the British government. A private 
interview was arranged for the king with

Page 28

Paulet, at which new and extravagant demands were pressed 
upon the monarch without any opportunity being given him to 
consult with his advisers. Claims for damages in the sum of 
about $80,000 grew up within a few hours. Dr. Judd advised 
the king to forestall Paulet?s intended seizure of the 
islands by a temporary cession to him pending an appeal to 
the British government. The king was advised by others to 
cede his kingdom jointly to France and the United States. 
Adopting the advice of Dr. Judd, the king and the premier, 
on February 25, signed a provisional cession of the islands 
to Paulet. The Hawaiian flag over the fort was lowered and 
the British flag raised.
  Paulet declared that the government should be carried on 
by the king and chiefs, insofar as the natives were 
concerned, while the affairs affecting foreigners should be 
handled by a commission consisting of a deputy appointed by 
the king, Paulet, D. F. Mackay and Lieutenant Frere of the 
Carysfort. The king and premier appointed Dr. Judd as their 
deputy. The king succeeded in getting a communication to 
Rear Admiral Thomas, commanding the British naval forces in 
the Pacific, informing him of what had taken place. On July 
25, 1843, Admiral Thomas arrived at Honolulu from 
Valparaiso on the flagship Dublin, and on Monday, July 31, 
issued a proclamation in which he declared in the name of 
his sovereign that he did not accept the provisional 
cession of the Hawaiian Islands, and that ?Her Majesty 
sincerely wishes King Kamehameha III to be treated as an 
independent sovereign, leaving the administration of 
justice in his own hands.?
  The Hawaiian flag was again raised over the fort and 
properly saluted. Later in the day King Kamehameha III 
attended Thanksgiving services in Kawaiahao church, where 
he addressed the people and used the words which have since 
been adopted as the motto of Hawaii: ?Ua mau ke ea o ka 
aina I ka pono??The life of the land is perpetuated in 
righteousness.

INDEPENDENCE RECOGNIZED; GOVERNMENT FORMED

  On Nov. 28, 1843, France and Great Britain united in a 
joint declaration recognizing the independence of the 
Kingdom of Hawaii. Steps were being taken for the 
organization of a government. The office of minister of 
foreign affairs was created and was held by Dr. Judd from 
Nov. 2, 1843, until March, 1845, when it was assumed by 
Robert Crichton Wyllie, who served the government of Hawaii 
for nearly 20 years. John Ricord, who was from Oregon and 
well versed in the common and civil law, was appointed 
attorney general in March, 1844. William Richards returned 
to Honolulu March 23, 1845, and in June was appointed 
minister of public instruction and began to organize and 
improve the public school system. His diplomatic colleague, 
Haalilio, died at sea on the journey back to Hawaii.
  The king in person convened the first legislature on May 
20, 1845, and John Ricord was instructed to draft a series 
of acts organizing the five executive departments of the 
government. A board of commissioners to quiet land titles 
was created by the legislature on December 10, which 
continued in office until March 31, 1855. Many long 
investigations were held, and the king and chiefs 
endeavored in vain to make some division among themselves 
which would enable each of them to hold land independently 
in fee simple. In December, 1847, the privy council took up 
the subject, and finally settled the principles of the land 
division among the king, the chiefs and the government. Dr. 
Judd was appointed chairman of a committee to bring about 
the division, which was begun Jan. 27, 1848, and completed 
40 days later. This was known as the ?Great Mahele? or 
division. Aliens were not allowed to own land in fee simple 
until July 10, 1850.
  Shortly after his arrival at Honolulu on Oct. 12, 1846, 
William L. Lee, a brilliant young lawyer, was appointed 
chief justice of the kingdom, a position he held until his 
death. Dr. Judd, John Ricord, Robert C. Wyllie

Page 29

and Lee were the men primarily responsible for the 
inauguration and establishment of constitutional government 
in Hawaii.
  Patrick Dillon, a new French consul arrived Feb. 1, 1848, 
and engaged in a number of personal quarrels with his 
predecessor and Wyllie. In April, 1849, questions at issue 
between the government and Dillon were referred directly to 
France. At the same time Dillon wrote to the French admiral 
for a naval force to support his demands.

DEMANDS PRESSED BY FRANCE

  Ten demands, drawn up by Dillon, were made on the 
government on August 22 by Admiral De Tromelin, who arrived 
August 12 aboard a French frigate. One was that the French 
language be used in all business intercourse between the 
government and French citizens, and another that Catholic 
schools be subjected to the direction of the chief of the 
French mission. The government sent a firm but courteous 
reply, stating that it had faithfully observed the treaty 
of 1846. The admiral landed an armed force and occupied the 
city for about ten days. Finally a conference was held, and 
the admiral issued a proclamation annulling the treaty of 
1846 and replacing it with the Laplace convention of 1839. 
On September 5 the admiral left the islands.
  As a result of these events it was decided by the king to 
send a special commission to France, and on Sept. 11, 1849, 
Dr. Judd, accompanied by Prince Alexander Liholiho, the 
heir apparent, and his brother, Prince Lot Kamehameha, 
sailed from Honolulu. Arriving in Paris, they failed to 
negotiate a new treaty, and ten days later went to England. 
There they agreed upon the basis of a new treaty with that 
country. They returned to Honolulu Sept. 9, 1850. A just 
and equitable treaty, similar to one concluded at 
Washington in December, 1849, was concluded with Great 
Britain July 10, 1851.
  A new constitution was presented to the legislature of 
1852, and was adopted on June 14. It was a material 
improvement and formed the basis of those which succeeded 
it. It provided, among other things, for a legislature of 
two houses, to sit in separate chambers. The nobles were to 
be appointed by the king for life and the representatives 
to be elected by the people. It also organized the courts, 
and was, in fact, an extremely liberal document. The year 
1853 was the period of the disastrous smallpox epidemic.
  The first Mormon missionaries to Hawaii arrived on April 
28, 1853. At Laie, Island of Oahu, is the second Mormon 
temple to be constructed outside of the continental 
boundaries of the United States. Representatives of the 
Reorganized Church of Jesus Christ of Latter Day Saints 
arrived in Hawaii shortly after annexation, and the work 
which they began is still carried on successfully.

KAMEHAMEHA IV TAKES THRONE

  King Kamehameha III died on Friday, Dec. 15, 1854, and 
his adopted son and heir, Alexander Liholiho, was 
proclaimed king as Kamehameha IV. He took the oath Jan. 11, 
1855, at the age of 21.
  Minister of Foreign Affairs Wyllie, in December, 1859, 
communicated to the Hawaiian consul at London the desire of 
the king and queen that a clergyman of the Church of 
England come to Hawaii to act as chaplain for the royal 
family. In England a committee was formed to organize a 
mission to the islands, and on Dec. 15, 1861, the Rt. Rev. 
T. N. Staley, D.D., was consecrated Bishop of Honolulu. 
King Kamehameha IV on June 19, 1856, had married Emma 
Rooke, a granddaughter of John Young, and on May 20, 1858, 
the prince of Hawaii was born. There was great rejoicing 
and it appeared that the Kamehameha dynasty was firmly 
established. The prince died, however, on Aug. 19, 1862, 
and it is said that his father never recovered from the 
blow.

Page 30

  On Oct. 11, 1862, Bishop Staley and other clergymen 
arrived at Honolulu. Shortly afterward the bishop received 
the king and queen into the communion of his church. A 
temporary cathedral was erected, and several schools, 
including Iolani College for Boys and St. Andrew?s priory 
for girls, were established. During the year which followed 
the king failed rapidly in health, and on Nov. 30, 1863, he 
died at the age of 29.
  Prince Lot Kamehameha was proclaimed king on Nov. 30, 
1863, under the title of Kamehameha V. on May 5, 1864, a 
proclamation was issued calling for the election of a 
constitutional convention, as the king had resolved not to 
take the oath to maintain the constitution of 1852. He 
intended to make changes to increase the power of the 
crown.
  The convention was convened July 7, with the king 
presiding. After considerable discussion it was decided 
that the convention had the authority to make a new 
constitution. More discussion followed, the king lost 
patience and on August 13 declared the constitution of 1852 
abrogated, and prorogued the convention. Three days later 
he promulgated a new constitution on his own authority, 
containing fewer changes in the older order of things than 
had been expected. The office of kuhina nui, or regent, was 
abolished, and the right of suffrage was made to depend on 
a small property qualification, and, for those born 
subsequent to 1840, upon their ability to read and write. 
On October 15 a new legislature was elected.

FIRST MOVE FOR RECIPROCITY FAILS

  In April, 1865, a bureau of immigration was formed, and 
in July 500 coolies arrived from China under contracts with 
the Hawaiian government. Leprosy was first observed in the 
islands in 1853, and in 1864 it had begun to spread to a 
considerable extent. Segregation of lepers was begun in 
1865, and at about the same time the present site of the 
leper settlement on the island of Molokai was selected. In 
1866 about 140 patients were sent there.
  The board of education was created in 1865 by an act 
passed by the legislature on January 10, and the Hon. A. 
Fornander, the historian, was appointed inspector general 
of schools. Queen Emma, in May, 1865, left the islands for 
England by way of Panama. She spent nearly a year abroad, 
and returned to Honolulu on October 22, 1866. Robert C. 
Wyllie, the veteran minister of foreign affairs, died Oct. 
19, 1865.Victoria Kamamalu, sister of the king and heir 
apparent to the throne, died May 29, 1866. Her father, 
Governor Kekuanaoa, who filled an important place in 
Hawaiian history for nearly 40 years, died Nov. 24, 1868.
  Steps for a reciprocity treaty with the United States 
were taken in 1867 when C. C. Harris was sent to Washington 
as plenipotentiary. In August of that year a treaty was 
completed and approved by the President and his cabinet, 
and in September the Hawaiian legislature held an extra 
session at which was passed a law to change the tariff in 
the event that the treaty went into effect. The treaty, 
however, met with opposition at Washington and failed of 
ratification by the senate.
  The post office building at Honolulu was opened in March, 
1870, and in the same year the barracks were completed at a 
cost of $25,000. In 1872 the Royal Hawaiian Hotel, now the 
Army & Navy Y.M.C.A., was opened to the public, and in 
March of the same year the new government building, known 
as Aliiolani Hale, was begun. It was completed in 1874 at a 
cost of $130,000. A general survey of the kingdom was begun 
in 1871. The establishment of regular steamship lines was 
proving of benefit to the islands. The census of 1872 
showed a population of 56,897, or a decrease of 12,900 in 
12 years.
  Kamehameha V died suddenly on Dec. 11, 1872, at the age 
of 42, having reigned nine years. His death ended the line 
of the Kamehamehas, founded by Kamehameha the Great, and he 
had appointed no successor to the throne.



Additional Comments:
The Story of Hawaii and Its Builders. With which is Incorporated 
Volume III Men of Hawaii. An historical outline of Hawaii with 
biographical sketches of its men of note and substantial achievement, 
past and present, who have contributed to the progress of the 
Territory, edited by George F. Nellist. Published by Honolulu Star 
Bulletin, Ltd., Territory of Hawaii, 1925.


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